Ohio Revised Code Search
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Section 2113.16 | Termination of powers of special administrator.
...executor or administrator, the probate court may compel the transfer by citation and attachment. The executor or administrator also may proceed, by civil action, to recover the value of the assets from the special administrator and the special administrator's sureties. |
Section 2113.17 | Creditor's claims before Special Administrator.
...A creditor's claim may be presented in accordance with section 2117.06 of the Revised Code to a special administration appointed under section 2113.15 of the Revised Code. |
Section 2113.18 | Removal of executor or administrator.
...(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate. (B) The probate court may remove any executor or administrator upon motion of the surviving spous... |
Section 2113.19 | Administrator de bonis non.
...ly administered the estate, the probate court shall grant letters of administration, with the will annexed or otherwise as the case requires, to some suitable person pursuant to section 2113.05 or 2113.06 of the Revised Code. That person shall administer the assets of the deceased not previously administered. |
Section 2113.20 | Will proved after administration as of an intestate.
...te of the will is filed in the probate court. If a complaint of that nature is filed, the probate court may allow the administration to be continued by the original administrators until the final determination of the contest. If the will is sustained, the first administration shall be revoked. In either case, upon revocation of the first administration and the appointment of an executor or administrator with t... |
Section 2113.21 | Powers of executors, administrators, and testamentary trustees during a will contest.
... order first obtained from the probate court having jurisdiction of the executor, administrator, or testamentary trustee; (6) Advance or borrow money on the credit of the estate for the repairs, taxes, and insurance that shall be a charge on the estate; (7) Receive and receipt for a distributive share of an estate or trust to which the testator would have been entitled, if living. (B) The court may require a... |
Section 2113.22 | Proceedings against former executor or administrator.
...An executor or administrator appointed in the place of an executor or administrator who has resigned or been removed, whose letters have been revoked, or whose authority has been extinguished is entitled to the possession of all the unadministered personal effects and assets of the estate and all other funds collected and unaccounted for by the former executor or administrator, and may maintain a suit against t... |
Section 2113.23 | Sales of former executor or administrator valid.
...When letters of administration are revoked, when an executor or administrator, or administrator with the will annexed, is removed, resigns, or dies, when a will is declared invalid, or when an election to take under section 2105.06 of the Revised Code is made by or for a surviving spouse, all previous sales, leases, encumbrances, whether of real or personal property, made lawfully and in good faith by the executor or... |
Section 2113.25 | Time frame for collection of assets and administration of estate; extensions.
...ised Code. For good cause shown, the court may grant an extension of the time to file the inventory and accounts. |
Section 2113.26 | Examination of executor or administrator.
...The court, upon application of any interested party, may authorize the examination of the executor or administrator under oath in open court on any matter relating to the administration of the estate. |
Section 2113.30 | Continuing decedent's business.
...r or administrator, unless the probate court directs otherwise, and for any further time that the court may authorize upon a hearing and after notice to the surviving spouse and distributees. In either case, no debts incurred or contracts entered into shall involve the estate beyond the assets used in that business immediately prior to the death of the decedent without first obtaining the approval of the court.... |
Section 2113.31 | Responsibility of executor or administrator.
...Every executor or administrator is chargeable with all assets of the deceased that come into the possession or under the control of the executor or administrator and are to be administered, although not included in the inventory required by section 2115.02 of the Revised Code. The executor or administrator is also chargeable with all the proceeds of personal property and real property sold for the payment of de... |
Section 2113.311 | Management and rental of real property by executor or administrator.
...vides, make application to the probate court for an order authorizing the executor or administrator to assume those duties. The application shall contain the following: (1) A brief statement of the facts upon which the application is based and any other pertinent information that the court may require; (2) A description or identification of the real property and the interest owned by the decedent at the time... |
Section 2113.32 | Executors and administrators not to profit.
...No profits shall be made by executors or administrators by the increase of any part of an estate, nor shall they sustain any loss by the decrease or destruction of such estate without their fault. |
Section 2113.33 | Not responsible for bad debts.
...decedent, if it appears to the probate court that, without the executor's or administrator's fault, they remain uncollected. |
Section 2113.34 | Chargeable with property consumed.
...If an executor or administrator neglects to sell personal property that is required to be sold, and retains, consumes, or disposes of it for the executor's or administrator's own benefit, the executor or administrator shall be charged with the personal property at double the value affixed to the property by the appraisers. |
Section 2113.35 | Commissions.
... ordinary services. (D) If the probate court finds, after a hearing, that an executor or administrator, in any respect, has not faithfully discharged the duties as executor or administrator, the court may deny the executor or administrator any compensation whatsoever or may allow the executor or administrator the reduced compensation that the court thinks proper. |
Section 2113.36 | Further allowance - counsel fees.
...tor or administrator, that the probate court considers just and reasonable shall be made for actual and necessary expenses and for extraordinary services not required of an executor or administrator in the common course of the executor's or administrator's duties. Upon the application of an executor or administrator for further allowances for extraordinary services rendered, the court shall review both ordin... |
Section 2113.37 | Allowance for tombstone and cemetery lot.
...The probate court, in settlement of an account, may allow as a credit to the following persons a just amount expended by the person for a tombstone or monument for the deceased and a just amount paid by the person to a cemetery association or corporation as a perpetual fund for caring for and preserving the lot on which the deceased is buried: (A) An executor; (B) An administrator; (C) A person with the right of ... |
Section 2113.39 | Sale of property under authority of will.
...der shall be required from the probate court for the executor, administrator, or testamentary trustee to proceed with the sale. A power to sell authorizes a sale for any purpose considered by the executor, administrator, or testamentary trustee to be for the best interest of the estate, unless the power is expressly limited by the will or devise. |
Section 2113.40 | Sale of personal property.
... executor or administrator, the probate court, if satisfied that it would be for the best interests of the estate, may authorize the executor or administrator to sell at public or private sale, at a fixed price or for the best price obtainable, and for cash or on the terms that the court may determine, any part or all of the personal property belonging to the estate, except the following: (1) Property that the... |
Section 2113.41 | Public sale.
...nless otherwise directed by the probate court, after notice of the sale has been given by any of the following methods: (1) By advertisement appearing at least three times in a newspaper of general circulation in the county during a period of fifteen days next preceding the sale; (2) By advertisement posted not less than fifteen days next preceding the sale in at least five public places in the township or mu... |
Section 2113.42 | Report of sale.
...ake a report of the sale to the probate court. The report shall include proof of proper notice of the sale if it was at a public auction, and, if a clerk was employed for the sale, the report shall be accompanied by a sale bill signed by the clerk. |
Section 2113.43 | Credit.
...sonal property of an estate the probate court may authorize the executor or administrator to sell on credit, the unpaid purchase price to be secured by notes or bonds with two or more sureties and approved by the executor or administrator. An executor or administrator shall not be responsible for loss due to the insolvency of the purchaser of any of such property if it appears that such executor or administrator acte... |
Section 2113.44 | Sale of notes secured by mortgage.
...An executor or administrator, without court order, may sell and transfer, without recourse, any promissory notes secured by mortgage and the mortgage securing such notes at not less than the face value thereof with accrued interest. |